DALVEER BHANDARI, R.S.SODHI
A. K. Surekha – Appellant
Versus
Pradeshiya Investment Corpn. of U. P. Ltd. – Respondent
Dalveer Bhandari, J. : In these writ petitions similar question of law arises for adjudication. By this common judgment we propose to dispose of Civil Writ Petition Nos. 2895 of 2002, 2904 of 2002 and 2610 of 2003.
2. For the sake of convenience the facts of Civil Writ Petition No. 2895 of 2002 are referred to.
3. The petitioner aggrieved by the issuance of recovery certificate No. FUP 1366/11235, dated 26th March, 2002 issued by respondent No.1. The Pradeshiya Industrial and Investment Corporation of U.P. Ltd. (hereinafter referred as to `PICUP'), filed this petition before this Court. According to the recovery certificate the petitioner is liable to pay Rs. 1,41,39,899.56 as on 30.4.2002.
4. The petitioner is the promoter of Premier Polyfilms Limited. The said company approached PICUP for grant of financial assistance. The company executed a loan agreement with PICUP. The loan agreement was executed on 25.4.1996 at Lucknow and was signed by the petitioner, A.K.Surekha.
5. Clause 57 of the agreement deals with the jurisdiction for litigation. The relevant portion reads as under:
57. Jurisdiction for litigation
The borrower and PICUP agree that for all purposes of litigati
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(C) Oil and Natural Gas Commission v. Utpal Kumar Basu
(D) Indo Gulf Explosives Ltd. & Anr. v. U.P. State Industrial Development Corporation & Anr.
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(G) Sita Ram Singhania v. Bank of Tokyo-Mitsubhishi Ltd. and Others
(H) Satya Prakash v. State of U.P. and Others
(L) Union of India & Anr. v. Oswal Woollen Mills Ltd.
(N) Rajasthan High Court Advocates Association v. Union of India & Ors.
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